Why Did Maharashtra Place Under President’s Rule in 2019 November

The emergency provisions are mentioned in Part 15 of our Constitution ranging from Article 352 to 360. These provisions have been added that the government gets a tool to manage any abnormal security threatening situations. State Emergency or President’s rule forms one such kind of emergency provision wherein the central government, through the President of India, gets enabled to control the messed up law and order situation in a state. The state of Maharashtra itself was placed under the President’s rule or state emergency in November 2019 and had its state administration and executive placed under the President. 

Definition of President’s Rule? 

President’s rule, also known as ‘State Emergency’ or ‘Constitutional Emergency’  is a type of emergency provision mentioned under Article 356 of the constitution of India wherein in case of failure of Constitutional machinery, the governor informs in writing to the President of India, and the Central government takes over the government of the state in its administration. Further, in this regard, Article 355 imposes a duty on the Centre to ensure that the provisions of the Constitution carry on the government of every state. 

Constitutional provisions of President’s rule

The following procedure is followed as constitutional provisions for proclaiming a President’s rule over a state:  

Both Lok Sabha and Rajya Sabha must approve the proclamation request for imposing the President’s Rule within two months from the date of the issue of the Proclamation. But suppose the proclamation of President’s Rule is brought into issuance at a time when the Lok Sabha has been dissolved, or the Lok Sabha gets dissolved for two months without approving the proclamation. In that case, the proclamation remains in action until 30 days from the first sitting of the Lok Sabha after its reflection and reconstitution, given that the Rajya Sabha approves it in the meantime.

Either house of the Parliament, i.e. Lok Sabha or Rajya Sabha, can pass every resolution approving the proclamation of President’s Rule or its continuation by only a simple majority which would constitute the majority of the members of that particular house present and voting.

A new provision to restrain the powers of the parliament in regard to extending a proclamation of President’s Rule beyond one year was brought in by The 44th Amendment Act of 1978. The President’s Rule can now be extended by six months

at a time when only when the following two conditions are fulfilled:

1. a proclamation of National Emergency should be in operation in the whole of India, or the whole of India, or in the whole or any part of the state; and
2. The Election Commission must certify that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties.

 A proclamation of President’s Rule may be revoked by the President by a subsequent proclamation. Such a proclamation does not require parliamentary approval.

Grounds for imposition of President’s rule

The President’s Rule can be proclaimed under Article 356 on two grounds-one mentioned in Article 356 itself and another in Article 365.

1. Article 356 empowers the President to issue a proclamation if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. Notably, the President can act either on a report of the governor of the state or otherwise too(i.e., even without the governor’s report).

2. Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.

Conclusion:

The president acquires the following extraordinary powers when the President’s rule is imposed in a state.

1. He can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.
2. He can declare that the powers of the state legislature are to be exercised by the Parliament
3. He can take all other necessary steps, including the suspension of the Constitutional provisions relating to anybody or authority in the state.

Thus, the President’s rule is one such tool used for keeping a check on the administrative capacities of the state administration and attempts to maintain constitutional machinery in the full state.